NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
By submitting an entry, you agree to have your
Belle Vie Giveaway (the “Giveaway”) is open only to legal residents of the forty-eight (48) contiguous United States who are at least eighteen (18) years old at the time of entry. Not valid in Hawaii, Alaska, Puerto Rico, and where prohibited. Proof of residency and age may be required. Employees and directors of Belle Vie, advertising or promotional agencies or individuals involved with the design, production, execution or distribution of the Giveaway and the immediate family and household members of such individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Giveaway or receive the prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Giveaway. The Giveaway is governed by these Official Rules and is subject to all applicable federal, state and local laws.
Belle Vie, Monte Sereno, CA 95030
Giveaway begins November 1, 2020 at 12:01 a.m. Eastern Time and ends November. 30, 2020, at 11:59 p.m. Pacific Time (“Giveaway Entry Period”).
4. How to Enter
To enter you must (1) Follow @belleviedesign, (2) 'Like' this post, and (3) tag TWO friends IN THE COMMENTS with the hashtag #giveaway.
The Entry must comply with the following requirements: (i) the Entry may not feature any person other than entrant unless entrant has obtained all necessary written permissions and releases from such persons prior to entry and such persons are over the age of majority in his/her state of legal residence; (ii) other than the Sponsor, its brands and/or logos, the Entry may not materially show, contain, mention, depict, refer or otherwise allude to the name, logo or product of any other retailer, manufacturer, brand, product, store, place of business, person, company or character in such a way or manner as to imply an affiliation with, or endorsement of, the Sponsor, its brand and/or this Giveaway; (iii) the Entry must be entrant’s own original work (or the entrant must have the rights from the photographer to make the entry), created solely by entrant and not created professionally; must not have been previously published, released or distributed in any form; must not have won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; (iv) the Entry may not contain, mention, refer or otherwise allude to any material that is violent, lewd, obscene or otherwise contain inappropriate content or objectionable material; (v) the Entry cannot show the drinking of alcohol, or promote illegal drugs or tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message; (vi) the Entry cannot in any manner defame, misrepresent, contain disparaging remarks or reflect negatively about Sponsor, its products, or other people, products or companies or their products, or in any way reflect negatively upon such parties or explicitly or implicitly communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to be associated, as determined by Sponsor in its sole discretion; (vii) the Entry cannot contain any personal identification, such as personal names, email addresses or street addresses, without express permission; (viii) the Entry cannot itself be in violation of any law; and (ix) Entry must otherwise be in compliance with these Official Rules. Sponsor reserves the right, in its sole discretion, to disqualify any Entry that Sponsor believes, in its sole discretion, does not comply with or is in violation of these Official Rules or that otherwise contains prohibited or inappropriate content.
Grant of Rights
By submitting an entry, the entrant represents and warrants that he/she has all right, title and interest necessary to grant the Sponsor the worldwide, irrevocable and unrestricted right and license to adapt, publish, use, edit, and/or modify such Entry in any way and post the Entry on the internet or use the Entry in any other way and agrees to indemnify and hold Sponsor harmless from any claims to the contrary.
Representations and Warranties/Indemnification
Each person who enters this Giveaway represents and warrants as follows: (i) entrant has obtained any and all necessary permissions required to submit the Entry and for Sponsor’s right to use the Entry for any purpose, including the consent of any identifiable third person(s) appearing in the Entry, and entrant can and will make written copies of such permissions available to Sponsor upon request; (ii) the Entry is owned by entrant; (iii) the Entry is wholly original with entrant and, as of the date of entry, the Entry is not the subject of any actual or threatened litigation or claim; (iv) the Entry does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity, including, but not limited to, rights of privacy and publicity; and (v) the Entry does not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Sponsor, Instagram (if applicable), Facebook (if applicable) and their subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
5. Winner Determination and Notification
Approximately seven (7) days after the end of Giveaway Entry Period, Sponsor will select one (1) entry for each prize described below in a random drawing of all valid entries received. Odds of winning depend on the number of eligible entries received. POTENTIAL WINNERS WILL BE CONTACTED VIA INSTAGRAM THROUGH THE ACCOUNT VIA THE ENTRY WAS MADE AND WILL BE REQUIRED TO RESPOND WITHIN 48 HOURS OF WHEN THE NOTIFICATION WAS SENT. Potential winner must follow the initial prize claim instructions and any subsequent claim instructions, or the prize will be forfeited in its entirety. It is recommended that you confirm your Instagram notification settings are turned on. Sponsor’s decisions as to the administration and operation of the Giveaway and the selection of potential winners are final and binding in all matters related to the Giveaway. Failure to respond within 48 hours from the time the Sponsor sent the notification will result in disqualification. Limit of one (1) prize per person for the entire GIVEAWAY.
6. POTENTIAL GIVEAWAY WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE WINNERS AND OTHER MATTERS RELATED TO THE GIVEAWAY.
7. Verification of Potential Winners
Potential winners may be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date specified by Sponsor, or an alternate potential winner may be selected. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted or the potential winner notification or Affidavit is returned as undeliverable; (b) potential winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) potential winner is found to be ineligible to enter the Giveaway or receive the prize, (e) potential winner cannot or does not comply with the Official Rules, or (f) potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Giveaway and an alternate potential winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential winner, if any.
The Prize for the Winner will be .
The Prize winner will be solely responsible for all taxes and fees associated with the receipt and use of the prize.The prize is awarded as is. No cash equivalent for the prize. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the winners. Winners may be required to complete and return an IRS W-9 form (i.e. Request for Taxpayer Identification Number and Certification). The prize will be awarded only if the winners fully comply with these Official Rules. Total ARV of all prizes is $.
9. Entry Conditions and Release
Each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor which are binding and final in all matters relating to this Sweepstakes; (b) defend, indemnify, release and hold harmless the Sponsor and its respective parent, subsidiary, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. Winner acknowledges that all prizes are awarded as-is without warranty of any kind.
Except where prohibited or restricted by law, winner’s acceptance of prize constitutes the winner’s agreement and consent for Sponsor and any of its designees to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
11. General Conditions
Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Giveaway or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Giveaway or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Giveaway, or with any Website promoting the Giveaway; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Giveaway multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Giveaway, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Giveaway, including the entire Giveaway, and/or modify the Giveaway and/or award the prize from all eligible entries received as of the termination date.
12. Limitations of Liability
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error in the administration of the Giveaway or the processing of registrations; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt or use or misuse of any prize. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Giveaway. No more than the stated number of each prize will be awarded.
Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Giveaway, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Giveaway, or any prizes awarded, shall be resolved exclusively by the United States District Court for the Northern District of California or the appropriate California Court located in San Francisco, California; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
14. Entrant’s Personal Information
15. Giveaway Results
For a list of any Winners (available after the Sweepstakes Entry Period) please send a self-addressed stamped envelope to the “Belle Vie Giveaway” - Winner List, Monte Sereno, CA, Attn: Legal Department. Queries must be postmarked no later than 30 days after the end of the Giveaway Entry Period.
This Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram and/or Facebook. Any and all questions, comments or complaints regarding the Giveaway must be directed only to Sponsor and not Instagram and/or Facebook.